Opinion
05-24-00592-CR
07-23-2024
KENNETH DILLON, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish JUSTICE Tex.R.App.P. 47.2(b)
On Appeal from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause No. CR1-23-1625.
Before Justices Molberg, Carlyle, and Smith
MEMORANDUM OPINION
KEN MOLBERG, J.
A jury convicted Kenneth Dillon of assault causing bodily injury of a family member. The Court now has before it appellant's motion to dismiss the appeal, asserting the trial court granted appellant's motion for new trial. The motion to dismiss the appeal is not signed by appellant, as is required by rule 42.2(a). See Tex. R. App. P. 42.2(a). Therefore, we deny the motion to dismiss.
An order granting a motion for new trial restores the case to its position before the former trial, and the judgment is no longer in place. See Tex. R. App. P. 21.9(b); Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no pet.). Absent a judgment of conviction or other appealable order, there is nothing before the Court over which we have jurisdiction. See Wright v. State, 969 S.W.2d 588, 589 (Tex App.-Dallas 1998, no pet.).
We dismiss the appeal for want of jurisdiction.
JUDGMENT
Carlyle and Smith, Justices participating.
Based on the Court's opinion of this date, we dismiss the appeal for want of jurisdiction entered July 23, 2024